Terms and Conditions

YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS OUR SERVICES IN ANY MANNER. 

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS OF USE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ROUTE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTIONS 15 & 16 “DISPUTE RESOLUTION & BINDING ARBITRATION” BELOW FOR DETAILS REGARDING ARBITRATION.

Terms and Conditions

Last Updated: 2/11/2026

These Terms and Conditions (“Terms”) govern the installation and use of the  Order Protection & Tipping application (the “App”) provided by CareCheckout (“Company,” “we,” “us,” or “our”) through the BigCommerce App Marketplace.

By installing or using the App, you (“Merchant,” “you,” or “your”) agree to these Terms.

1. Description of the App

The App provides:

• An optional Order Protection feature that allows customers to add shipping protection to their orders.
• An optional Tipping feature that allows customers to voluntarily provide gratuities at checkout.
• Reporting and analytics related to the above features.

The App integrates with BigCommerce stores via script injection, APIs, and related storefront integrations.

2. Eligibility

You must:

• Have an active BigCommerce account.
• Be authorized to install applications on your store.
• Comply with all applicable laws and BigCommerce terms of service.

3. Fees and Billing

3.1 Subscription Fees

You agree to pay all subscription fees as described in the BigCommerce App Marketplace listing.

3.2 Revenue-Based Fees

If applicable, you agree that the App may charge fees based on a percentage of cart value, order protection revenue, or other usage metrics as disclosed in the Marketplace listing.

3.3 Billing

Billing is processed through BigCommerce or the applicable payment method selected at installation.

Failure to pay fees may result in suspension or termination of access to the App.

4. Order Protection Feature

4.1 Merchant Responsibility

You acknowledge that:

• You are responsible for fulfilling replacement orders, refunds, or claims related to order protection.
• You understand that we do not act as an insurance company and that it is your responsibility to help your customers in cases their orders are lost/damages/stolen during shipment and/or delivery.
• The App facilitates the collection and reporting of protection and/or tipping fees but does not assume liability for shipment loss, theft, or damage.
• It is your responsibility to distribute the tipping revenue generated from the app to your employees.

4.2 Claims Handling

Unless explicitly stated in a separate agreement:

• Claims are handled by the Merchant.
• The Company is not an insurance provider.
• The App does not constitute insurance coverage.

5. Tipping Feature

• Tipping is optional and voluntary for customers.
• You are solely responsible for distributing tip funds in compliance with local, state, and federal laws.
• The Company does not manage or allocate tip distributions.

6. Merchant Responsibilities

You agree to:

• Provide accurate store information.
• Use the App in compliance with applicable consumer protection laws.
• Clearly disclose fees and optional add-ons to customers as required by law.
• Ensure your checkout practices comply with all regulations, including disclosure requirements.

7. Data & Privacy

The App may access certain store data necessary to provide functionality, including:

• Order data
• Cart information
• Checkout information

We process data solely for the purpose of providing App functionality and in accordance with our Privacy Policy.

We do not sell merchant or customer data.

8. Intellectual Property

All intellectual property related to the App, including software, branding, and content, remains the exclusive property of the Company.

You are granted a limited, non-exclusive, non-transferable license to use the App during your subscription period.

9. Limitation of Liability

To the maximum extent permitted by law:

• The App is provided “as is” and “as available.”
• The Company makes no guarantees regarding revenue increases or performance.
• The Company shall not be liable for indirect, incidental, consequential, or special damages.
• Total liability shall not exceed the amount paid by the Merchant in the previous three (3) months.

10. Indemnification

You agree to indemnify and hold harmless the Company from any claims arising from:

• Your use of the App
• Your handling of order protection claims
• Your distribution of tips
• Your store’s compliance with applicable laws

11. Termination

You may uninstall the App at any time through your BigCommerce dashboard.

We reserve the right to suspend or terminate access if:

• Fees are unpaid
• These Terms are violated
• Required by law

Upon termination, access to the App will cease.

12. Modifications

We may update these Terms from time to time. Continued use of the App after updates constitutes acceptance of the revised Terms.

13. Governing Law

These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles.

14. Contact Information

For questions regarding these Terms, please contact:

CareCheckout
Email: support@carecheckout.com

15. Dispute Resolution & Binding Arbitration

15.1 Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the relationship between the parties shall be resolved exclusively through final and binding arbitration, rather than in court, except as otherwise provided below.

15.2 Arbitration Rules

The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator.

15.3 Location

The arbitration shall take place in [Your State], unless otherwise agreed by the parties.

15.4 No Class Actions

You agree that any dispute shall be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

15.5 Exceptions

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.

15.6 Waiver of Jury Trial

By agreeing to these Terms, both parties waive the right to a trial by jury.

16. Dispute Resolution; Binding Arbitration (California Residents)

16.1 Informal Resolution

Before initiating arbitration, the parties agree to attempt to resolve any dispute informally for at least thirty (30) days. A party seeking to initiate arbitration must first send written notice describing the nature of the dispute and the relief sought to the other party.

16.2 Agreement to Arbitrate

Except for claims eligible for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the relationship between the parties shall be resolved exclusively by final and binding arbitration.

This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

16.3 Arbitration Administrator

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect.

If AAA is unavailable, the parties shall agree on an alternative nationally recognized arbitration provider.

16.4 Location of Arbitration

Unless otherwise required by applicable law, arbitration shall take place in San Diego County, California.

If the Merchant is located outside California, arbitration may be conducted remotely at the discretion of the arbitrator.

16.5 Individual Proceedings Only

You agree that disputes shall be conducted solely on an individual basis and not in a class, consolidated, or representative action.

The arbitrator shall not have authority to hear or arbitrate any class or representative claim.

16.6 Waiver of Jury Trial

By agreeing to these Terms, both parties knowingly and voluntarily waive the right to a trial by jury in any proceeding arising out of these Terms or the App.

16.7 Exceptions

Nothing in this section prevents either party from:

• Filing a claim in small claims court (if eligible)
• Seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information

16.8 California-Specific Notice

If you are a California resident, you may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them at:

1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone: (800) 952-5210